[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Proposed Rules]
[Pages 17861-17863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9879]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD07-96-017]
RIN 2115-AA98
Special Anchorage Areas; Ashley River, Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish two new anchorage
areas in the Ashley River, Charleston, South
[[Page 17862]]
Carolina to replace an existing anchorage. Due to pending construction
of two 1000 ft piers at the George M. Lockwood Municipal Marina, in
Charleston, the current anchorage will not be available for anchoring
recreational vessels. The Municipal Marina has received a construction
permit to build the piers from the U.S. Army Corps of Engineers. The
new anchorages will be necessary to replace the one described in 33 CFR
110.72d. The proposed anchorages are across the Ashley River from the
current anchorage and though not designated as Federal anchorages, they
are already widely used by recreational vessels as overflow from the
current anchorage.
DATES: Comments must be received on or before June 24, 1996.
ADDRESSES: Comments should be mailed to the Captain of the Port
Charleston, Marine Safety Office Charleston, South Carolina 29401-1899.
The comments will be available for inspection and copying at 196 Tradd
Street, Charleston, SC between 9 a.m. and 3 p.m., Monday through
Friday, except Federal holidays. Comments may also be hand delivered to
this address.
FOR FURTHER INFORMATION CONTACT: CW04 R.M. Webber, Project Officer,
Tel: (803) 724-7690.
SUPPLEMENTARY INFORMATION: Interested persons are invited to
participate in this rulemaking by submitting written views, data or
arguments. Persons submitting comments should include their names and
addresses, identify this notice (CGD07-96-017) and the specific section
of this proposal to which their comments apply, and give reasons for
each comment. The regulations may be changed in the light of comments
received. All comments received before the expiration of the comment
period will be considered before final action is taken on this
proposal.
No public hearing is planned, but one may be held if written
requests for a hearing are received, and it is determined that the
opportunity to make oral presentations will aid the rulemaking process.
Discussion of Proposed Regulations
The City Marina Company and the City of Charleston have been
granted, by the U.S. Army Corps of Engineers, a permit to build two
1000 foot piers on the south side of the Municipal Marina. These piers
will cross an existing anchorage eliminating most of the anchorages
within that area that have over six feet of water at mean low water. As
the anchorage is extensively used by recreational vessels, two new
anchorage areas are being proposed to accommodate vessels that will be
displaced when the new piers are built. The new anchorages are already
being used by recreational vessels as overflow from the existing
anchorage. To date, no problems have arisen from recreational vessels
anchoring in these areas. Since the marina plans were published in the
local newspaper, there has been considerable public interest in
establishing new anchorages to replace the existing anchorage.
Proposed Ashley River Anchorage Number One would be located on the
waters lying within an area across the Ashley River Channel from the
George M. Lockwood Municipal Marina bounded by the southwest side of
the channel beginning at latitude 32 deg.46'43.7''N, longitude
079 deg.57'19.3''W; thence to latitude 32 deg.46'38.0''N, longitude
079 deg.57'24.0''W; thence to latitude 32 deg.46'32.0''N, longitude
079 deg.57'15.5''W; thence to latitude 32 deg.46'29.0''N, longitude
079 deg.57'00.9''W; thence back to the beginning following the
southwest boundary of the Ashley River Channel. All coordinates
referenced use Datum: NAD 1983.
Proposed Ashley River Anchorage Number Two would be located on the
waters lying within an area across the Ashley River Channel from the
Ashley Marina bounded by the southwest side of the channel beginning
latitude 32 deg.46'53.0''N, longitude 079 deg.57'34.5''W; thence to
latitude 32 deg.46'50.5''N, longitude 079 deg.57'40.5''W; thence to
latitude 32 deg.46'46.0''N, longitude 079 deg.57'34.5''W; thence to
latitude 32 deg.46'49.0''N, longitude 079 deg.57'28.7''W; thence back
to the beginning following the southwest boundary of the Ashley River
Channel. All referenced coordinates use Datum: NAD 1983.
These proposed anchorage areas will provide that vessels no more
than sixty-five feet in length, when anchored in the anchorage areas,
shall not be required to carry or exhibit the white anchor lights
required by the Navigation Rules.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The proposed anchorage areas described in this notice are
currently being used by recreational vessels as over flow from the
existing anchorage.
Since the impact of this proposal is expected to be minimal, the
Coast Guard certifies that, if adopted, it will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposed rule contains no collection-of-information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
proposal and has determined pursuant to Section 2.B.2. of Commandant
Instruction M16475.1B, hat this action is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are available in the
docket for inspection or copying at the location listed in ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
revise Part 110 of Title 33, Code of Federal Regulations, as follows:
PART 110--[AMENDED]
1. The authority citation for Part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
are also issued under 33 U.S.C. 1223 and 1231.
2. Section 110.72d is revised to read as follows:
Sec. 110.72d Ashley River Anchorage Areas, SC.
The following locations are special anchorage areas:
(a) Ashley River Anchorage 1. The waters lying within an area
across the Ashley River Channel from the George M. Lockwood Municipal
Marina bounded by the southwest side of the channel beginning at
latitude
[[Page 17863]]
33 deg.46'43.7'' N, longitude 079 deg.57'19.3'' W; thence to latitude
32 deg.46'38.0'' N, longitude 079 deg.57'24.0'' W; thence to latitude
32 deg.46'32.0'' N, longitude 079 deg.57'15.5'' W; thence to latitude
32 deg.46'29.0'' N, longitude 079 deg.57'00.9'' W; thence back to the
beginning following the southwest boundary of the Ashley River Channel.
All coordinates referenced use Datum: NAD 1983.
(b) Ashley River Anchorage 2. The waters lying within an area
across the Ashley River Channel from the Ashley Marina bounded by the
southwest side of the channel beginning at latitude 33 deg.46'53.0'' N,
longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'50.5'' N,
longitude 079 deg.57'40.5'' W; thence to latitude 32 deg.46'46.0'' N,
longitude 079 deg.57'34.5'' W; thence to latitude 32 deg.46'49.0'' N,
longitude 079 deg.57'28.7'' W; thence back to the beginning following
the southwest boundary of the Ashley River Channel. All coordinates
referenced use Datum: NAD 1983.
Dated: April 10, 1996.
P.J. Cardaci,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 96-9879 Filed 4-22-96; 8:45 am]
BILLING CODE 4910-14-P